Parish Ordinances
Sec. 3-10. – Drinking in public prohibited.
It shall be unlawful for persons to purchase alcoholic beverages in bottles, cans or other receptacles, to drink the same upon the streets, beach front, bathhouses or walks, parks and other public places in the city, or to stop in front of any barroom or cafe in an automobile or other vehicle, and have such beverages brought out and served to them, or have one of their number enter said barroom or cafe for the purpose of purchasing such beverages and drink the same upon the streets, parks, and other public places in the city.
(Ord. No. 88-28, 10-27-88)
Sec. 3-20. – Additional requirements and regulations for retail dispensers of alcoholic beverages.
(a) Definitions. As used in this section, the following words have the following meanings in addition to any other common meanings:
(1) “Premise” means the main building or ancillary buildings of the establishment to which a permit for the retail sale for consumption of alcoholic beverages or beer on the premises has been issued by the City of Mandeville.
(2) “Alcoholic beverages” means any beverage as defined in section 3-1 above.
(b) Hours of sale.
(1) It shall be unlawful for any person, firm or corporation who or which has been issued a permit to sell alcoholic beverages or beer, to any employee, servant, or agent or representative of such permittee, to sell, serve, offer to sell, give or dispense any alcoholic beverage as defined in section 3-1 of this chapter between the hours of 2:00 a.m. and 6:00 a.m.
(2) No bars, bar rooms, lounges, nightclubs, saloons, restaurants or other types of businesses licensed for the retail sale of alcoholic beverages for consumption on the premises shall remain in operation and allow any person, other than an employee of the permittee, to remain on its premises between the hours of 2:00 a.m. and 6:00 a.m.
(3) No holder of a permit for the retail sale of alcoholic beverages not intended for consumption on the premises shall sell or otherwise dispense any alcoholic beverage as defined herein between the hours of 2:00 a.m. and 6:00 a.m.
(4) This section shall not apply on the following days: January first, the Saturday and Monday mornings preceding Mardi Gras day, and Mardi Gras day itself.
(c) Removal of beverages from alcoholic beverage outlet.
(1) No holder of a permit for the retail sale of alcoholic beverages intended for consumption on the premises shall knowingly permit any individual, whether patron, customer, [or] employee, to remove any beverages from the premises in an open container of any type, including, but not limited to, glass, bottle, can, paper or plastic cup or a go-cup.
(2) No person, whether patron, customer, [or] employee, shall remove any alcoholic beverages from the premises of the holder of a permit for the retail sale of alcoholic beverages for consumption on the premises in an open container of any type, including, but not limited to, glass, bottle, can, paper or plastic cup or a go-cup.
(3) Any holder of a permit for the retail sale of alcoholic beverages for consumption on the premises shall post a conspicuous notice inside his premises as well as by each exit stating that it is illegal to remove any alcoholic beverages intended for consumption on the premises in an open container of any type, including, but not limited to, glass, bottle, can, paper or plastic cup or a go-cup and that violators shall be subject to fine and/or imprisonment under city ordinance.
(d) Penalties.
(1) Whoever violates any provision of subsection (b) above shall be fined on the first offense two hundred dollars ($200.00), on the second offense five hundred dollars ($500.00), and upon the third or subsequent offense shall be fined five hundred dollars ($500.00) plus suffer the revocation of his permit to sell intoxicating, spirituous, vinous or malt liquors.
(2) Whoever violates any provision of subsection (c) above shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ten (10) days or both.
(3) Provided, that any offense under this section committed more than three (3) years prior to the commission of the crime for which the defendant is being tried shall not be considered in the assessment of penalties hereunder.
(Ord. No. 88-28, 10-27-88; Ord. No. 96-31, 8-8-96)
Parish Ordinances
Sec. 4-31. Retail dispensing of alcoholic beverages.
(a) All businesses, persons or firms permitted to and selling, serving or dispensing alcoholic beverages at retail within the city limits are hereby exempted from the effect and operation of the provisions of R.S. 51:191 and 51:192 so that any such persons, firms or businesses permitted to, may sell, serve or dispense alcoholic beverages at retail on Sunday.
(b) All businesses, persons or firms who are permitted to sell or dispense alcoholic beverages at retail by-the-drink shall close their doors to entry at 2:00 a.m. daily and remain closed until 6:00 a.m. daily. No bar, barrooms, lounges, nightclubs, saloons or other types of businesses permitted for the retail sale of alcoholic beverages for consumption on the premises shall remain in operation or allow any persons other than the employees of the permittee to remain on its premises between the hours of 2:00 a.m. and 6:00 a.m. daily. This section shall not apply on the following days: January 1, the Saturday and Monday morning preceding Mardi Gras Day and Mardi Gras Day itself. Qualified restaurants or cafeterias where at least 60 percent or more of their total business is in the sale of food shall be exempt from this section, except that they shall be prohibited from dispensing alcoholic beverages by the drink between 2:00 a.m. and 6:00 a.m. daily.
(c) No holder of a permit for the retail sale of alcoholic beverages not intended for consumption on premises (packaged sales) shall sell or otherwise dispense any alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. daily.
(d) A notice delineating the provisions of this section shall be posted in a conspicuous place on a placard of at least 12 inches by 18 inches, in each place of business which is permitted to sell or dispense alcoholic beverages by the drink.
(Code 1966, § 3-13)
Sec. 4-39. Open containers.
(a) No holder of a permit for the retail sale of alcoholic beverages intended for consumption on the premises shall knowingly permit any individual, whether patron, customer, employee or otherwise, to remove any alcoholic beverage from the premises whether in a container made of glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless such container is unopened and sealed.
(b) No person, whether patron, employee, customer, or otherwise, shall remove any alcoholic beverage from the premises of the holder of a permit for the retail sale of alcoholic beverages for consumption on the premises in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless such container is unopened and sealed.
(c) The provisions of subsections (a) and (b) of this section shall not apply to persons conducting parades or other special functions approved by the city, such as, but not limited to, Mardi Gras parades, St. Patrick’s Day parades, arts and crafts shows, antique shows and the like, who have obtained a qualifying city license or permit to conduct such functions. This exemption shall permit the use of plastic go-cup containers and shall be limited only to the time of the event.
(d) All holders of permits for the retail sale of alcoholic beverages for consumption on the premises shall post a conspicuous notice inside their premises as well as by each exit stating that it is illegal to remove any alcoholic beverages intended for consumption on the premises from the premises in any type of unsealed or open container of any kind and that such violators shall be subject to fine and/or imprisonment under city ordinance.
(e) Containers such as glass, plastic, and go-cups which are not sealed by the manufacturer shall have a minimum seal consisting of tape attaching the lid to the cup. Lids shall either contain no perforation for the insertion of a straw or any such perforation shall be sealed with tape.
(f) Whoever violates any provisions of this section shall be fined on the first offense 0.00, on the second offense 0.00, and on the third or subsequent offense shall be fined 0.00 plus, where applicable, suffer the revocation of its permit to sell alcoholic beverages of any type.
(Code 1966, § 9-39.1)
Parish Ordinances
Sec. 6-1. Hours of sale; removal of alcoholic beverages from an alcoholic beverages outlet; penalties for violation; definitions.
(a) Hours of sale.
(1) It shall be unlawful for any person, firm or corporation who or which has been issued a permit to sell alcoholic beverages, or any employee, servant or agent or representative of such permittee to sell, serve, offer to sell, give or dispense any alcoholic beverage as defined in section 6-32 or 6-72 between the hours of 2:00 a.m. and 6:00 a.m.
(2) No bars, barrooms, lounges, nightclubs, saloons, restaurants or other types of businesses licensed for retail sale of alcoholic beverages for consumption on the premises shall remain in operation and allow any person, other than an employee of the permittee, to remain on its premises between the hours of 2:00 a.m. and 6:00 a.m.
(3) No holder of a permit for the retail sale of alcoholic beverages not intended for consumption on the premises shall sell or otherwise dispense any alcoholic beverage as defined in this chapter between the hours of 2:00 a.m. and 6:00 a.m.
This section shall not apply to retail sales on the following days: January 1 and on the day Daylight Savings Time changes. Hours on January 1 will be extended to a 3:00 a.m. closing. Hours on the day Daylight Savings Time changes will be extended for one hour.
(b) Removal of alcoholic beverages from an alcoholic beverages outlet; sale of alcoholic beverages to minors.
(1) No holder of a permit for the retail sale of alcoholic beverages intended for consumption on the premises or an employee of such holder shall knowingly permit any individual, whether patron, customer, employee or otherwise, to remove any alcoholic beverage from the premises in a glass container unless as permitted in section 10-37
(2) No person, whether patron, customer, employee or otherwise, shall remove any alcoholic beverages in a glass container from the premises of the holder of a permit for the retail sale of alcoholic beverages for consumption on the premises unless as permitted in section 10-37
(3) Any holder of a permit for the retail sale of alcoholic beverages for consumption on the premises shall post a conspicuous notice inside his premises, as well as by each exit, stating that it is illegal to remove any alcoholic beverages intended for consumption on the premises from the premises in any glass container of any kind and that violators shall be subject to fine and/or imprisonment under city ordinance.
(4) It shall be unlawful for any retailer or wholesaler of alcoholic beverages to have been granted a permit to make any sale of such beverages to any person under the age of 21 years.
(c) Penalties for violation.
(1) Whoever violates any provision of subsection (a) of this section shall be fined on the first offense $200.00; on the second offense $500.00; and upon the third or subsequent offense shall be fined $500.00 plus suffer the revocation of his permit to sell intoxicating, spirituous, vinous or malt liquors.
(2) Whoever violates any provision of subsection (b) of this section, shall be fined not more than $100.00 or imprisoned for not more than 60 days or both.
(3) Provided that, any offense under this section committed more than three years prior to the commission of the crime of which the defendant is being tried shall not be considered in the assessment of penalties hereunder.
(d) Definitions. As used in this section, the following words have the following meanings in addition to any other common meanings:
Alcoholic beverages mean any beverages as defined in section 6-32 or section 6-72.
Premises mean the main building or ancillary buildings of the establishment to which a permit for the retail sale or consumption of alcoholic beverages or beer on the premises has been issued by the city.
(Code 1977, § 3-1; Ord. No. 99-12, § 3-1, 4-20-1999; Ord. No. 2011-02, 1-7-2011)
Editor’s note—
Ord. No. 2011-02, adopted Jan. 7, 2011, changed the title of § 6-1 from “Hours of sale; removal of beverages from outlet; penalties for violation; definitions” to “Hours of sale; removal of alcoholic beverages from an alcoholic beverages outlet; penalties for violation; definitions.”
Cross reference— Definitions generally, § 1-2.
Parish Ordinances
Sec. 3-4. – Closing hours for licensed establishments; penalty for violation of section.
(a)
It shall be unlawful for any tavern, barroom, saloon, lounge, nightclub, or place of business licensed to sell and dispense alcoholic beverages or liquors in the parish to remain open for business or to serve any alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. on each day of the week, Sunday through Saturday.
(b)
It shall be unlawful for the holder of any license or permit to sell liquors or alcoholic beverages in the parish, or any agent, representative, or employee of such holder, to sell, donate, serve, or dispense liquors or alcoholic beverages or to allow liquors or alcoholic beverages to be consumed on or off the premises between the hours named in subsection (a) of this section.
(c)
Any person, or any of his agents, principals, or employees who shall violate the terms of this section shall be punished as follows: On a first conviction, such persons shall be fined the sum of $500.00 and may be imprisoned for not more than six months; on a second conviction, the license of the place of business, to sell and dispense alcoholic beverages or liquors, shall be revoked.
(Code 1969, § 3-4)
Sec. 3-5. – Public drinking and public carrying of opened containers containing alcoholic beverage prohibited; penalties.
(a)
Public drinking is the consumption or drinking of alcoholic beverages, as hereafter defined, in or on any public street, alley, sidewalk, right-of-way, park, playground square or unenclosed public places in the parish. Public carrying of opened containers is the carrying by any person of an opened glass or paper container, drinking glass, open metal or other container containing any alcoholic beverage as defined herein in or on any public street, alley, sidewalk, right-of-way, park, playground square or unenclosed public places in the parish.
(b)
Alcoholic beverages are defined as beer, porter, ale, fruit juices or wine of an alcoholic content not exceeding that now or hereafter permitted by law but greater than one-half of one percent alcohol by volume, or any malt, spirituous, alcoholic or intoxicating liquors, containing more than six percent of alcohol by volume.
(c)
It shall be unlawful for any person to drink any alcoholic beverages as defined herein in or upon a public street, alley, sidewalk, right-of-way, park, playground square or unenclosed public places in the parish. However the provisions of this section may be waived by the parish council for a good cause.
(d)
It shall be unlawful for any person to carry an unopened glass or paper container, drinking glass, open metal or other container containing any alcoholic beverages defined herein, or to drink any such alcoholic beverage from any open glass or paper container, drinking glass, open metal or other container, in or on any public street, alley, sidewalk, right-of-way, park, playground square or unenclosed public places in the parish. However, this provision may be waived by the parish council for a good cause.
(e)
It shall be unlawful for any person to possess any open drinking containers containing alcoholic beverages as defined herein or upon the parking lot or other property belonging to or adjacent to any premises licensed for the sale or distribution of alcoholic beverages. However the provisions of this section may be waived by the parish council for a good cause.
(f)
For the purpose of discouraging public drinking, [it] shall be unlawful for any person to remove an open container containing alcoholic beverages, as herein defined, from any business, lounge, restaurant or establishment which is licensed to sell or distribute alcoholic beverages.
(g)
Whoever is found guilty of a violation of this section shall be fined not more than $500.00 or imprisoned in the parish jail for not more than six months or both.
(Ord. No. 1322, §§ 1—7, 11-13-96)
Parish Ordinances
Sec. 3-19.1. – Consumption alcoholic beverages on sidewalks, streets, rights-of-way prohibited.
No person shall consume any alcoholic beverages of any nature or kind on the public sidewalks, streets or rights-of-way of the City of Patterson.
(Ord. No. 355, § 1, 8-10-71)
Editor’s note—
Ord. No. 355 did not expressly amend this Code, hence inclusion of § 1 herein as § 3-19.1 was at the discretion of the editors. Sec. 2 of said ordinance, containing penalty provisions substantially the same as the general penalty for violation of this Code (§ 1-8), was omitted.
Sec. 3-20.1. – Bar dispensers and servers—Certification required; penalty.
(a)
In order to further carry out the regulation of businesses dealing in alcoholic beverages as authorized by R.S. 26 and under the express authority granted in R.S. 26:493 and in order to further protect the health, safety and morals of the citizens of the city, no one shall dispense or serve alcoholic beverages of either low or high alcoholic content from the bar of any business licensed under this article for on-the-premises consumption, except a person duly certified by the mayor or his designee as qualified to dispense or serve alcoholic beverages.
(b)
The dispensing or serving of any such alcoholic beverages at any place of business by anyone other than a person duly certified by the mayor or his designee shall subject the holder of the alcoholic beverage permit or license for that place of business to having his permit suspended or revoked.
(Ord. No. 2008-02, 4-10-08)
Editor’s note—
Ord. No. 2008-02, adopted April 10, 2008, added §§ 3-14 and 3-15 to the Code. Inasmuch as said sections already existed, the new material has been codified as §§ 3-20.1 and 3-20.2 at the editor’s discretion.
Sec. 3-20.2. – Same—Qualifications for certification; exceptions; appeal.
(a)
Each applicant for a certificate of qualification to dispense alcoholic beverages from behind the bar or to serve alcoholic beverages in a place licensed for on-the-premises consumption shall present to the mayor or his designee a photograph of himself the size designated by the mayor or his designee and shall be fingerprinted by the police department.
(b)
Each applicant shall pay to the director of finance, at the time of receiving his license, a fee of twenty-five dollars ($25.00) to cover the cost of issuing such certificate. This permit shall be renewed annually, on December 1, with the approval of the chief of police upon his certification that all requirements of the provision of this article for a dispenser’s or server’s permit are met, and a renewal fee of ten dollars (.00) has been paid.
(c)
Each applicant for a certificate of qualification to dispense alcoholic beverages from behind a bar or to serve alcoholic beverages shall possess the following qualifications:
(1)
Is a person of good character and reputation and over eighteen (18) years of age.
(2)
Is a citizen of the United States and this state continuously for a period of not less than two (2) years next preceding the date of the filing of the application.
(3)
Has not been convicted of a felony under the laws of the United States, this state, or any other state or country.
(4)
Has not been convicted in this or in any other state by the United States or any other country of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of a juvenile, keeping a disorderly place, or illegally dealing in narcotics.
(5)
Has not had a license or permit to sell or deal in alcoholic beverages, issued by the United States, any state, or by any political subdivision of a state authorized to issue permits or licenses revoked within one year prior to the application, or has been convicted or had a judgment of court rendered against him involving alcoholic beverages by this or any other state or by the United States for one year prior to the application.
(6)
Has not been adjudged by the board or convicted by a court of violating any of the provisions of R.S. 26.
(7)
Has not been convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of R.S. 26:493.
(8)
Has not had a certificate of qualification to dispense alcoholic beverages from the bar or to serve alcoholic beverages issued by any other parish, municipality or state suspended or revoked.
(d)
The application for a certificate of qualification shall be in writing and sworn to and shall contain the full name and correct address of the applicant and shall include a sworn statement that he possesses the qualifications set forth in subsection (c) of this section.
(e)
The mayor or his designee may refuse to issue a certificate of qualification to dispense alcoholic beverages from the bar or to serve alcoholic beverages to any person who lacks any of the qualifications set forth in subsection (c) or in the interest of the public health, safety and morals.
(f)
Any act or failure to act by any person certified to be qualified to dispense or to serve alcoholic beverages under the provision of this section which is a violation of this article shall subject such person to having his certificate to dispense alcoholic beverages from behind a bar or to serve alcoholic beverages suspended or revoked by the mayor and council.
(g)
Any person convicted of dispensing alcoholic beverages from a bar or serving without having a certificate of qualification to do so shall be subject to the penalty provided in section 1-8 of the Code of Ordinances.
(h)
The holder of a permit to sell alcoholic beverages at a particular establishment may dispense alcoholic beverages from behind the bar at that establishment without having the certification of qualification required by this section.
(i)
New employees hired to dispense or serve alcoholic beverages shall be required to secure a certificate of qualification prior to the beginning of their employment.
(j)
Any person aggrieved by the decision of the mayor or his designee to refuse to issue, or to suspend or revoke, a certificate of qualification may take a devolutive appeal therefrom to the council within 15 days of written notification of the decision. The appeal must be taken by submitting a written request to the mayor or his designee. The mayor and council shall hear the appeal within twenty (20) days of receipt of the notice of appeal by the mayor or his designee. The decision of the mayor or his designee shall be final unless appealed within the time and in the manner set forth.
(Ord. No. 2008-02, 4-10-08)
Editor’s note—
See note following § 3-20.1
Sec. 3-21. – No sales between certain hours; bars, saloons to close; other stores may remain open.
(a)
No holder of a retail dealer’s license and permit issued in accordance with this chapter, and no servant, agent or employee of such licensee and permittee shall sell any alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. on each day of the week, Sunday through Saturday, or permit the consumption of any alcoholic beverages between the hours of 2:30 a.m. and 6:00 a.m. on each day of the week, Sunday through Saturday.
(b)
All bars, saloons, nightclubs or any other place of business licensed under the provisions of this chapter, except those as provided below, shall be closed at 2:30 a.m. continuously until 6:00 a.m. on each day of the week, Sunday through Saturday.
(c)
Restaurants, grocery stores, convenience stores and other similar stores may remain open for the sale of other items and merchandise permitted by law, but the sale or consumption of alcoholic beverages in and on said place of business between the hours of 2:00 a.m. and 6:00 a.m. on each day of the week from Sunday through Saturday is expressly prohibited.
(Ord. No. 456, § 1, 12-7-82; Ord. No. 457, § 1, 12-21-82)